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(영문) 수원지방법원 성남지원 2017.05.10 2016고단2411
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, from October 2014, the Defendant operated the E, E, and F, a development restriction zone, and G restaurant, without obtaining permission from the competent administrative agency, changed the use of the tobacco and the building for the storage of agricultural products of 97.2m2m2m2 to the office and the toilet of the above restaurant, newly constructed a steel pipe building of 171m2m2 for the purpose of the guest room, and changed the form and quality of the street of 1737.97m2 to the parking lot and the site.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

A. On February 12, 2015, the Defendant issued a corrective order to reinstate a building, such as the construction of a building as described in paragraph (1), by March 10, 2015, from the subordinate market around the day of February 12, 2015, but did not comply with the corrective order.

B. On December 29, 2015, the Defendant issued a corrective order to reinstate a building, such as construction of a building as described in paragraph (1), by January 10, 2016, to the lower-Naming market, but did not comply with the corrective order.

(c)

On January 15, 2016, the Defendant issued a corrective order to reinstate a building, which is the same as that described in paragraph (1), from the subordinate market around January 15, 2016, to the original state by February 10, 2016, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. H. H.

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